Drug-Free Workplace
Self-Implementation Workbook
Guidebook for employers implementing BWC’s
Drug-Free Workplace Program or Drug-Free EZ Program
Required elements of BWC’s Drug-Free
Workplace Program ... 2
Getting started with your Drug-Free Workplace Program ... 3
Developing a written substance policy ... 4
Employee education ... 5
Supervisor training ... 7
Drug and alcohol testing ... 10
Employee assistance ... 14
10-Step Business Plan for level 2 and level 3 participants ... 17
The process of selecting drug-free service providers ... 18
Reporting and documentation requirements ... 20
Sample policy ... 21
Sample forms ... 27
Self-Assessment Progress Report ... 31
Table of contents
Employers participating in the Ohio Bureau of Workers’ Compensation’s (BWC’s) Drug-Free Workplace Program (DFWP) must implement the following components: • Develop a written policy;
• Provide employee education; • Offer supervisor training;
• Conduct drug and alcohol testing; • Offer employee assistance.
Resources available to help employers implement requirements
Ohio Department of Alcohol and Drug Addiction Services (ODADAS) Web address:
www.odadas.state.oh.us/dfwp/dfwp.asp
Department of Labor policy development tool Web address: www.umet-vets.dol.gov/elaws/asp/drugfree/ drugs/screen2.asp
BWC’s procedural guides for the DFWP and the Drug-Free EZ Program (DF-EZ) — BWC’s Web site, ohiobwc.com
Required elements of BWC’s Drug-Free Workplace Program
Requirements
• Develop a written policy • Provide employee education • Offer supervisor training
• Conduct drug and alcohol testing • Offer employee assistance
To put an effective drug-free program into place, you need to plan carefully. This workbook offers you guidance on how to develop a drug-free program, including the order in which you should tackle each task. Check lists will help you consider everything of signifi cance for each drug-free program component. Your program will deter, detect and help you take appropriate, corrective action to address substance problems that affect workplace safety and productivity. Support is available from BWC as you establish your drug-free program.
To put in place a basic level 1 DFWP or DF-EZ, you should do six things, typically in the order listed below. 1. Decide how much help you want from
drug-free providers in meeting program requirements. This workbook provides guidance in terms of selecting providers. 2. Compose a written substance policy and
operational procedures. Use the sample written policy at the back of this workbook as a guide. Have your legal counsel review both your policy and operational procedures. 3. Decide whether to conduct supervisor training
before or after employee education. Contract with a drug-free provider for these services. 4. Determine how many drugs you want to test
for in your employees. BWC requires you test for at least fi ve specifi ed drugs. Then identify a collection site for alcohol and drug testing. Inform the collection site testing procedures should be the same as for federal testing. Finally, with legal guidance, choose a cut-off level for a positive test for alcohol.
5. Decide when to announce your program and its effective date. BWC recommends you do this during your fi rst employee education session where you share your written policy.
6. Maintain a list of local community resources employees can use to seek help with a substance problem. Determine any additional employee assistance you will offer.
In addition, if you are starting a program at level 2 of DFWP or DF-EZ, or move to level 3 after two years, you must:
7. Arrange random drug testing of 10 percent (level 2) or 25 percent (level 3) of your average annual work force through a provider that uses neutral-selection software;
8. Read the 10-Step Business Plan in this workbook. Understand what BWC expects of your company for each of the required steps at level 2 or level 3.
Getting started with your Drug-Free Workplace Program
Requirements
• You must have a written substance policy in place by the 90-day mark of the initial program year. • First year participants must provide a copy of
the policy to BWC with annual Self-Assessment Progress Report by Sept. 30 (for the January program year) or by March 31 (for the July year).
Written substance policy as full and fair disclosure to employees
For fairness and effectiveness, tell your employees why you are putting a drug-free policy in place. Inform them how it works, what they need to know to be in compliance and the consequences for violating the policy. Give this policy to all employees in your initial employee education session where they will learn about the program. Let them ask questions.
Getting started
1. Look at sample policies, such as the one at the back of this workbook, and use whatever parts you can. Ensure your legal team reviews
the policy.
2. Make sure you have operational procedures to guide your supervisors, especially in terms of how testing occurs. Consider having legal counsel review your procedures. Enforce your policy and procedures fairly and consistently. 3. Ensure compliance with any current union agreements. Employers with unions must
bargain substance testing.
4. Make sure your policy says it applies to all employees from the top person on down.
Other resources
The Department of Labor offers a drug-free workplace program builder and other useful information at www.umet-vets.dol.gov/elaws/asp/drugfree/drugs/ screen2.asp. The Web site includes information on the Drug-Free Workplace Act (1998), Department of Transportation (DOT) requirements and other pertinent laws that may affect your policy.
Presenting the program and policy
1. Mention your responsibility as an employer for having a safe workplace.
2. Focus on responsibilities of all employees for safety and complying with the policy.
3. Focus on the help available for employees with substance problems who come forward voluntarily. Also, spotlight the consequences for testing positive.
4. Ensure your employees understand your written operational procedures.
5. Inform your employees when testing may occur. 6. Make sure employees understand testing
records are confi dential.
Written policy check list
Our company’s written substance policy:
1. States management’s reason for creating a substance-free workplace;
2. States our drug-free program applies to all employees, [for public agencies, this includes elected offi cials];
3. Is consistent with collective bargaining agreements;
4. Stresses our commitment to confi dentiality of information related to substance test results and/or requests for employee assistance related to a substance problem;
5. States what behaviors are prohibited and the consequences for violating the policy;
6. Describes the purpose and content of educational sessions;
7. Describes the purpose and content of supervisor training;
8. Provides information to employees about when testing will occur, how testing will occur, what substances will be tested and under what circumstances;
9. Describes the type of employee assistance offered.
BWC strongly advises legal counsel review your written policy prior to program implementation.
Developing a written substance policy
Requirements
• You must have a written substance policy in place by the 90-day mark of initial program year. • First year participants must provide a copy
of the policy to BWC with annual Self-Assessment Progress Report by Sept. 30 (for the January program year) or by March 31 (for the July year).
Requirements
• Conduct initial educational awareness sessions and an annual refresher for all employees, including supervisors.
• Hold two hours of education annually (DFWP employer) or one hour annually (DF-EZ employer). • Qualifi ed professionals must conduct educational awareness sessions.
• Submit a sign-in sheet from an employee education session held during the program period and one invoice from an education service provider with your Self-Assessment Progress Report each year. Your drug-free workplace program should focus on preventing workplace accidents and injuries caused by substance use. To get employees to play a
constructive role in ensuring your drug-free program’s success, you must make them aware of the dangers of drug and alcohol use.
Initial and annual employee education offered by a qualifi ed professional help create this awareness. At the initial session, announce your program and share your written substance policy, and how to
comply with it. Then, educate your employees about drugs and alcohol as they relate to health and the workplace.
Select the right person to conduct educational sessions
Select a manager with good presentation skills to present your drug-free program and policy. Typically employers choose drug-free service providers to present substance education. However, you can opt to:
• Pick a qualifi ed provider to develop educational materials, and select a supervisor/manager to present this
information, with the provider in the loop to answer employee questions the manager can’t answer;
• Send an employee to a train-the-trainer class, and then have him or her do the educational sessions;
• Select a provider who offers sessions online.
Qualifi ed education providers
Qualifi ed education providers have a credential and/or experience in substance issues. The DFWP and DF-EZ procedural guides contain a list of provider credentials. To obtain a guide, log on to ohiobwc.com, or send an e-mail to
dfwp@ohiobwc.com. Log on to www.odadas.state. oh.us/dfwp/dfwp.asp to obtain a list of providers interested in offering services.
Getting started
1. Determine what type of services you want and contract for them. At minimum, include developing educational materials.
2. Plan a start date for your drug-free program, then hold an educational session to announce its start to employees.
3. Ensure all employees receive a copy of your written substance policy, a form to sign acknowledging receipt (see Sample Forms section) and have the opportunity to ask questions.
4. Hold an initial educational session on
substance issues affecting the workplace. You may do this when you announce your program and share the policy.
Employee education
At the fi rst educational session, stress your company’s commitment to a safe workplace and attempt to ensure employees understand your expectations, including:
1. Your drug-free program applies to all employees; 2. The consequences for violating your company’s drug-free policy;
3. Circumstances under which testing will occur; 4. Protections built into your program to ensure fairness;
5. How a drug-free program helps create a safer workplace;
6. Who to contact for further information; 7. Where to go to get help with a substance problem.
Helpful hint
Employees need to hear this program applies to everyone, and they need to get their questions answered. Listening and responding to their concerns may help employees perceive the program as a benefi t. Respond to questions in a timely manner.
Minimum annual employee education Two hours for employees of DFWP employers One hour for employees of DF-EZ employers Employee education should include:
• Sessions covering the basics about alcohol and other drugs, including:
• Major problem represented by substance use in the workplace;
• What constitutes substance use and misuse as defi ned in your written policy;
• Disease model for alcohol and other drugs; • Signs and symptoms of substance use;
• Effects of commonly used drugs in the workplace; • What assistance your employees can receive if they or their family members have a substance problem;
• A shared list of helping resources in your community employees can turn to for themselves or their families.
Provide new employees with program information within six weeks of employment. Make sure you give employees a copy of your policy and substance educational materials.
Use the check list below to ensure your employee education meets BWC’s requirements and buffers your legal liability.
Check list for your employee education program
Our company selected the program’s
implementation date. We made a preliminary announcement to our employees.
We identifi ed and contracted with a qualifi ed educator to create a curriculum and materials, or arranged for a staff member to receive training from a train-the-trainer program.
Our company planned the timing of employee education.
We established a plan on how to educate new employees.
Our company has a policy receipt acknowledgement document for employees to sign that we will keep in each employee’s fi le. We will keep testing records separate.
In addition, our company has ensured education: Is the required length of time;
Includes a company representative who covers the written policy and the consequences of a positive test;
Includes basic information about alcohol and other drugs, signs and symptoms associated with substance use. It also points out the dangers of commonly used drugs in the workplace;
Includes an explanation of when and how testing will occur;
Includes an explanation of substances tested and cut-off levels reportable to the employer as a positive result for, at minimum, amphetamines, cocaine, marijuana, opiates, PCP/angel dust and alcohol;
Includes, at minimum, sharing available employee assistance resources.
Requirements
• Conduct educational awareness sessions for all employees, including supervisors. • Hold two hours of employee education annually (DFWP employer) or one hour annually (DF-EZ employer).
• Qualifi ed professionals must conduct educational awareness sessions.
• Submit a sign-in sheet from an employee education session held during program period and one invoice from an education service provider with your Self-Assessment Progress Report.
Employee education
Requirements
• Hold an initial skill-building training session for all supervisors and an annual refresher.
• Ensure four hours of training for each supervisor initially with two-hour annual refresher (DFWP) or two hours for each supervisor initially with one-hour annual refresher (DF-EZ).
• Submit a sign-in sheet from a supervisor training session held during the program period and one invoice from a training service provider with your Self-Assessment Progress Report each year. You must train your supervisors to identify problems, intervene without creating liability and properly support your program. You have a lot more liability at stake when training your supervisors to deal with these issues. So, it’s very important to select the right service provider to help your supervisors develop the skills they need to support your program.
Going over operational procedures
You also need to share your operational procedures with your supervisors since they offer guidance on how to handle various situations. Share with your supervisors how you expect them to support your drug-free program.
Program effectiveness
For your program to be effective, your supervisors must know how to recognize, document and confront a possible substance problem. They must know how to initiate reasonable suspicion testing. They also need to know how to refer an employee to available resources; how to follow up with employees re-entering the work setting after a positive test; how to handle program responsibilities consistent with any active collective bargaining agreements; and how to refer for testing, including transport.
Supervisors are the link to your work force and the key to successful implementation of your program. Poor training or lack of training decreases the chances of successful implementation of your policy.
Avoiding liability
Supervisors face a challenging role as the eyes, voice and arm of management. The trainer can help supervisors become comfortable with a safety-on-the-job focus for your program. And they can help them overcome their discomfort, especially regarding alcohol.
Untrained/under-trained supervisors can jeopardize your legal protections, and – in Ohio – your supervisors are at risk for their actions – not just your company.
Getting started
1. Choose a professional trainer. Review provider experience at providing needed training, including role-play, and contract for these services. At a minimum, the provider will develop supervisor skill-building materials. 2. Prior to implementing your program, choose
whether to hold supervisor training before or after employee education.
3. Arrange your fi rst supervisor training session. Decide when to address your company’s written operational procedures and substance policy with your supervisors.
4. Have a trainer hold your initial supervisor skill-building training session.
At the fi rst training session, stress the important role supervisors play in terms of program
effectiveness. Share with them your company’s expectations that supervisors:
1. Support the program by applying the rules consistently;
2. Understand the liability issues, and how observed behaviors must be documented clearly;
3. Understand the consequences for employees violating the company’s drug-free policy; 4. Know how to conduct accident and incident investigations;
5. Understand how to get another trained supervisor involved if necessary to observe
behavior that might suggest a need for intervention;
6. Realize they must deal with performance issues regardless of whether there is possible substance use in violation of the company’s policy.
Helpful hint
Supervisors promoted from line staff positions who manage employees with whom they’ve gone drinking often feel discomfort when faced with alcohol misuse. They must deal with this discomfort. It typically takes several role-play situations to start to make headway. If supervisors will not take needed action in support of the employer’s drug-free program, you may have a paper program with no enforcement.
Supervisor training
Minimum supervisor training
• Supervisors of DFWP employers receive four hours of initial skill-building training and, in subsequent years, two hours refresher training.
• Supervisors of DF-EZ employers receive two hours of initial skill-building training and, in subsequent years, one hour refresher training.
• New supervisors receive training prior to making a referral for substance testing.
• Supervisors receive this training in addition to attending employee education sessions. • If you use the train-the-trainer option for
supervisors, your liability can increase. BWC recommends using a highly qualifi ed, skilled trainer to conduct supervisor training sessions.
• Sessions can include time spent with supervisors on operational procedures and expectations for supporting the program.
Qualifi ed supervisor training providers
Qualifi ed supervisor training providers have a credential and/or experience in providing substance skill-building training to supervisors, experience in small group processing and facilitating role play. The DFWP and DF-EZ procedural guides contain a list of provider credentials. To obtain a guide, log on to ohiobwc.com, or send an e-mail to dfwp@ohiobwc.com. Log on to www.odadas.state.oh.us/dfwp/dfwp.asp to obtain a list of providers.
Supervisor training
Use the check list below to ensure your supervisor training meets BWC’s requirements and buffers your legal liability.
Check list for your supervisor training
We decided whether to do supervisor training prior to program announcement in the event the employees ask questions of their supervisors. We identifi ed and contracted with a qualifi ed
trainer to put together a curriculum and materials. Our company planned the timing of training for supervisors.
Our company developed a plan on how to train new supervisors.
We planned for annual refresher training for supervisors who received the initial training. In addition, our company ensured supervisor training:
Is in addition to employee education; Is the required length of time;
Teaches supervisors their specifi c roles in implementing the program and policy; Builds supervisors’ skill levels in regards to recognition, documentation, confrontation, removal or referral;
Includes role-play of supervisor/employee interactions.
We also worked with a qualifi ed provider to make sure supervisors are trained on how to:
Recognize a possible alcohol/drug problem; Document behaviors that demonstrate a possible alcohol/drug problem using check lists
of behaviors;
Confront employees with the problem from observed behaviors;
Initiate reasonable suspicion and post-accident testing;
Handle the procedures associated with random testing (Note: Employers at level 2 and level 3 should include this);
Make an appropriate referral for assessment or assistance;
Follow up with employees returning to work after a positive test;
Handle responsibilities in a manner that is consistent with the applicable sections of any pertinent collective bargaining agreements.
Supervisor training
Requirements
• Hold an initial skill-building training session for all supervisors and an annual refresher. • Training must be for four hours for each
supervisor initially with two-hour annual refresher (DFWP) or two hours for each supervisor initially with one-hour annual refresher (DF-EZ).
• Submit a sign-in sheet from a supervisor training session held during program period and one invoice from a training service provider with your Self-Assessment Progress Report.
Requirements
• Pre-employment/new hire • Reasonable suspicion • Post accident
• Return-to-duty/Follow up • Random (level 2 and 3)
• Use of certifi ed laboratory, collection site and medical review offi cer
• Report testing information requested and copies of invoices from your collection site for testing services on annual Self-Assessment Progress Report
Effective drug-free programs use drug and alcohol testing that produces reliable, accurate results. Testing detects and deters substance use that affects the workplace. And it holds employees accountable through corrective action based on your written substance policy.
BWC requires employers to use testing that follows the DOT model. This model relies upon Department of Health and Human Services/Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. SAMHSA oversees the certifi cation of testing laboratories. Testing that follows the federal model has built-in protections for employees and employers alike and is defensible in court.
The bureau strongly urges you to consult with legal counsel to ensure well-written operational procedures. Also, consult with legal counsel to determine a cut-off level for a positive test for alcohol. BWC’s drug-free programs require a fi ve-panel drug test. However, you are free to test for additional drugs.
Who does testing?
You contract with testing professionals to obtain collection and laboratory analysis services. You typically start with fi nding a local collection site for drug and alcohol testing. Consult your local phone directory and the list of providers ODADAS maintains. Use this address: www.odadas.state.oh.us/dfwp/dfwp.asp. Make sure you inform the collection site what services you’re requesting (non-federal testing that follows the federal model). The collection site will obtain the urine analysis services that comply with BWC’s program requirements from a SAMHSA-certifi ed laboratory. The collection site will also secure the services of a certifi ed medical review offi cer (MRO).
Required testing
Alcohol testing
Alcohol testing uses breath/saliva specimens for preliminary testing. A preliminary positive test leads to confi rmation through an Evidentiary Breath Test (EBT), which is the form of systems presence testing used for alcohol. When federally approved breath testing equipment is not readily available, the use of a blood test is permissible.
The collection site with whom you contract must follow the federal testing model. BWC recommends you consider an alcohol test confi rming at .04 percent blood alcohol content (BAC) as a positive test under your drug-free policy. This cut-off level is consistent with established practices of the DOT. However, you may choose a different cut-off level based on the nature of your business. Do this in consultation with legal counsel.
Drug testing
BWC requires you ensure drug testing uses urine lab analysis, including the use of split specimen testing for all testing but pre-employment. It also requires you ensure the collection site follows the federal testing model, which details specimen collection, chain of custody and other protections.
Random drug testing
Level 1 DFWP and DF-EZ employers do not have a random drug testing requirement unless specifi ed by another authority, such as state construction or federal mandate. Level 2 employers must ensure random drug testing of 10 percent of the employer’s total (average annual) work force during the program year. Level 3 employers must ensure random drug testing of 25 percent of the employer’s work force during
Drug and alcohol testing
Requirements
• Pre-employment/new hire • Reasonable suspicion • Post accident
• Return-to-duty/Follow up • Random (level 2 and 3)
• Use of certifi ed laboratory, collection site and medical review offi cer
• Report testing information requested and copies of invoices from your collection site for testing services on annual
Self-Assessment Progress Report
10
Drug and alcohol testing
Type of test required
Pre-employment test (drug test only) and/or
New hire test (drug test only)
The employer will test 100 percent of employees within the fi rst 90 days of employment.
Reasonable suspicion (drug and/or alcohol test) BWC bases reasonable suspicion testing upon observation and
documentation. For their protection, employers should have documentation to support testing for alcohol since an alcohol test is considered a medical procedure.
Explanation
This test is required within so many hours (defi ned by you) after a conditional offer of employment and before the employee begins work. and/or
You can conduct this test unannounced at any time during an employee’s designated probation period, typically not to exceed 90 days.
BWC requires reasonable suspicion testing when evidence suggests an employee uses drugs or alcohol in violation of your DFWP policy. You draw evidence from specifi c, objective facts and reasonable inferences. You may base such facts and inferences on, but not limited to, any of the following:
a) Observable phenomena, such as direct observation of drug or alcohol use, possession or distribution, or the physical symptoms of being under the infl uence of drugs or alcohol. Symptoms can include slurred speech, dilated pupils, odor of alcohol or marijuana, changes in affect, dynamic mood swings, etc.;
b) A pattern of abnormal conduct, erratic or aberrant behavior, or deteriorating work performance that appears to be related to substance use and does not appear to be attributable to other factors;
c) The identifi cation of an employee as the focus of a criminal investigation into unauthorized drug possession, use or traffi cking;
d) A report of alcohol or other drug use provided by a reliable and credible source;
e) Repeated or fl agrant violations of your safety or work rules, which a supervisor determines poses a substantial risk of physical injury or property damage. The violations appears to be related to substance use or substance use that may violate your DFWP policy, and do not appear attributable to other factors.
the program year. Public employers should do random drug testing of only safety-sensitive positions as outlined in the company’s policy.
BWC mandates split specimen testing to allow possible re-testing except for pre-employment. You pay for the cost of testing except for employee requested re-testing, which reaffi rms a positive result. You also must pay for follow-up testing if required by a second-chance agreement.
Required drugs for testing
BWC requires testing for – at minimum – fi ve drugs (the same DOT tests), specifi ed below. Employers are free to test for additional drugs.
1. Cocaine 2. Marijuana 3. Opiates 4. Amphetamines
5. Phencyclidine (PCP/angel dust)
Drug and alcohol testing requirements for BWC’s DFWP and DF-EZ
Drug and alcohol testing requirements for BWC’s DFWP and DF-EZ (Continued)
Drug and alcohol testing
Type of test required
Post accident (drug or alcohol test or both) Employees who may have caused or contributed to an on-the-job accident, as defi ned in this rule, will submit to a drug and/ or alcohol test.
You will administer this test as soon as possible after the employee receives necessary medical attention, or within eight hours for alcohol and within 32 hours for other drugs.
You should have documentation to support testing for alcohol (considered a medical procedure). A urine drug test requires no such caution.
You need not test for an accident requiring off-site medical attention if:
• The injury is minor;
• It’s considered commonplace to the job function;
• No violation of work rules occurred; • There is no reasonable suspicion.
Random (drug test only)
Level 2 employers must ensure random drug testing of 10 percent of his or her total (average annual) work force during the program year. Level 3 employers must ensure random drug testing of 25 percent of his or her work force during the program year. Public employers test only safety-sensitive positions as outlined in the company’s policy. Follow-up to treatment or assessment (drug and/or alcohol test: negotiated with input by a clinician)
A minimum (no set maximum) of four tests in the fi rst year from date of return to duty. Maximum number of tests after fi rst year determined with clinician. For DF-EZ, only a return-to-duty test is required.
Explanation
The employer must conduct post-accident testing immediately following an on-the-job accident, as defi ned by Rule 4123-17-58 or 4123-17-58.1.
Accident means an unplanned, unexpected or unintended event, which occurs on the employer’s property.
An accident can occur during the conduct of the employer’s business or during working hours. It also can involve employer-supplied motor vehicles or motor vehicles used in conducting the employer’s business, or within the scope of employment.
An accident results in any of the following: a) A fatality;
b) Bodily injury requiring off-site medical attention away from your place of employment;
c) Vehicular damage in apparent excess of a dollar amount stipulated in your DFWP policy;
d) Non-vehicular damage in apparent excess of a dollar amount stipulated in your DFWP policy.
As used in this rule, accident does not have the same meaning as provided in Division (C) of section 4123.01 of the Ohio Revised Code. The defi nition of this rule does not modify the defi nition of a compensable injury under the workers’ compensation law. Also, this defi nition of accident does not match the one used by DOT/FMCSA.
Features of random testing include the following:
• An unannounced test that occurs at a pre-determined frequency among randomly selected employees; • Equal probability of selection each time testing occurs; • Unannounced test of all employees or all those in a classifi ed group (e.g., safety sensitive, etc.).
Features of follow-up treatment or assessment testing include the following:
• Unannounced testing that occurs when an employee returns to work;
• Occurs during treatment and/or for a period of time following treatment;
• The fi rst follow-up test serves as a return-to-duty test and occurs before the employee resumes work activities, and following a leave associated with a policy violation.
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Check list for our testing program
Our policy includes a clear statement of when a drug and/or alcohol test will occur.
Pre-employment and/or new hire (drug testing only) Reasonable suspicion (drug and/or alcohol testing) Post accident (drug and/or alcohol testing) Return to duty (drug and/or alcohol testing) After return to duty, additional follow-up (drug and/or alcohol testing)
For level 2 or level 3, random testing of 10 percent and 25 percent respectively, applied to the total work force on an annual basis for private employers or to safety-sensitive positions/
functions for public employers (drug testing only) Our policy describes what substances we will test (at minimum, those listed below).
Amphetamines Cocaine Marijuana Opiates PCP/angel dust Alcohol
Our testing program includes the following actions: Identifying what constitutes an accident (where any employee who may have caused or
contributed to the accident is subject to testing); Mandatory use of collection sites that comply with federal requirements for urine specimen collection (drug testing) and breath/saliva/blood (alcohol testing);
Split specimen testing (required for a possible re-test except for pre-employment);
All urine specimens sent to a certifi ed laboratory by the collection site and
subject to preliminary immunoassay (EMIT Screen) and confi rmatory Gas Chromatography/ Mass Spectrometry (GC/MS) testing, using
Drug and alcohol testing
DHHS cut-off levels for the fi ve-panel of drugs
Ng/ml is the measurement for chemical metabolites in urine and means nanograms per milliliter.
Tested drug Amphetamines Cannabinoids (Marijuana/THC) Cocaine Opiates Phencyclidine (PCP)
Preliminary – EMIT screen (ng/ml)
1,000 50 300 2,000 25 GC/MS confi rmation (ng/ml) 500 15 150 2,000 25
federal cut-off levels;
Collection site use of a certifi ed MRO;
Clear statement of what cut-off levels for drugs mean and established cut-off level for a positive alcohol test;
Employee protections built into the testing system; Identifi ed consequences for refusal to test,
adulteration, attempted adulteration or specimen substitution.
Requirements
• For DF-EZ at any program level and level 1 DFWP, employers must provide a list of local employee assistance resources to give to employees who come forward asking for help and for those who may have a problem, including employees who test positive for alcohol or drugs.
• For level 2 DFWP employers, pre-establish a relationship with a local employee assistance professional for a possible referral.
• For level 3 DFWP employers, offer health-care coverage that includes chemical dependency treatment/counseling.
You can obtain this list from the ODADAS Web site, www.odadas.state.oh.us/dfwp/dfwp.asp or by contacting BWC at dfwp@ohiobwc.com.
Employee assistance plan
Employee assistance is an important part of any drug-free program. When you help your employees, you show them they are a valued company resource. When you provide your employees with help to resolve problems, including substance use, before these problems impact job performance, you save money, build loyalty and prevent problems that affect workplace safety. Employees who believe their employer cares about them are typically more productive and supportive of a drug-free program. The starting place for getting help is an assessment of an employee’s substance problem. A qualifi ed professional should evaluate your employee’s problem. He or she can determine the extent of the problem and assistance needed for a successful intervention. An assessment determines what happens next in terms of an intervention and how to support the employee making changes.
• BWC requires you to have an employee assistance plan.
• At minimum, you share a list of local community resources with employees who may need a
professional substance assessment and possible help. • You share resources with employees who seek help
on their own, those who management refers for a possible alcohol/drug problem and those who have a positive test.
• Your employee assistance plan addresses how you will respond to employees who need help with a substance problem. This includes whether to seek termination of employment, and when you might consider giving an employee a second
chance. BWC encourages you to offer employees the highest level of assistance possible, including giving employees a second chance after a fi rst positive test.
• Under appropriate, justifi able circumstances and, as indicated in your policy, you may terminate employment based on a positive test. Seek guidance from legal counsel when considering these
circumstances. This involves making decisions with implications for future action and the need for consistency to buffer legal liability.
Who pays for the cost of employee assistance?
• DFWP levels 1 and 2 and all levels of DF-EZ do not require you to pay for an assessment or treatment for employees with substance problems. Regardless, you should identify in policy if you will pay for an assessment and/or treatment. Reasonable co-pays for assessment and/or treatment make sense since it makes the employee take responsibility, which is more conducive to addressing a substance problem. • DFWP level 3 requires you to pay for chemical
dependency counseling/treatment. BWC allows reasonable co-pays as part of health-care coverage.
Becoming familiar with assistance service options
BWC urges you to become aware of employee assistance services. These services, subsidized by public tax dollars, can benefi t your employees. Everyone, regardless of their ability to pay, can use these services.
To learn about the local community service network of service providers, contact your local Alcohol, Drug Addiction and Mental Health Board, or Alcohol and Drug Addiction Service Board. One of these boards serves each Ohio county.
ODADAS is another resource. You can call ODADAS at (614) 466-3445.
If you cannot fi nd the number for your local board, call the Ohio Prevention and Education Resource Center (OPERC) toll free at (800) 788-7254. OPERC can send you written information and other resources on dealing with substance use.
Employee assistance program (EAP)
The highest level of assistance is an employee assistance program (EAP). As a drug-free employer, you are not required to have an EAP for any level of participation. However, BWC encourages you to offer the highest level of assistance.
Employee assistance
An EAP offers broad-ranging services; thus, it differs in scope from an employee assistance plan.
An EAP can be a cost-effective, comprehensive option to help employees deal with problems affecting job performance. The return on investment is signifi cant. An EAP can identify and help resolve problems by applying short-term counseling, referral and follow-up services. It also provides management training and consultation, prevention and education, crisis intervention, benefi ts analysis and organizational development. Certifi ed employee assistance professionals offer these services.
Key issues to think through in advance
The consequences of a positive test
Your substance policy should clearly spell out consequences for testing positive, refusal to test, adulteration, attempted adulteration and specimen substitution.
Options typically include discipline up to and including termination. You can also refer the employee for an assessment, allow return-to-duty after a negative test and offer a second chance. You do this through a signed agreement that specifi es the consequences for a subsequent positive test or refusal to test.
Treat specimen adulteration, attempted adulteration or substitution very seriously since this is an effort to undercut the testing system.
Termination of employment
If you are in DFWP at level 1 or at any level of DF-EZ, you may choose to terminate employment based on your written policies. Termination is subject to collective bargaining agreements.
Employee assistance
Requirements
• For DF-EZ at any program level and level 1 DFWP, employers must provide a list of local employee assistance resources to give to employees who come forward asking for help and for those who may have a problem, including employees who test positive for alcohol or drugs.
• For level 2 DFWP employers, pre-establish a relationship with a local employee assistance professional for a possible referral.
• For level 3 DFWP employers, offer health- care coverage that includes chemical dependency treatment/counseling.
Upon an employee’s fi rst positive drug or alcohol test, in addition to any corrective action you take, you should explain what an assessment is to the employee. Clearly convey your belief in the value of such an assessment to the employee. Remember, this may be a time to make a difference in getting the employee to acknowledge and deal with his or her substance problem.
Use this same process with employees whom management refers for possible substance use in violation of the policy and those who come forward voluntarily and ask for help.
You may terminate employment for an employee testing positive or refusing testing. You may also terminate employment for an employee attempting to manipulate the testing process, through adulteration, attempted adulteration or specimen substitution. Your policy should detail these terms and be consistent with any collective bargaining agreements.
Your written policy provides the framework for consequences. Even if deciding to terminate employment, you should handle the termination process in a way that encourages the employee to seek help.
Do this through a private meeting in which you emphasize the importance of the employee getting a professional assessment of the problem that resulted in loss of employment. Obviously, there’s a problem since it’s costing the employee his or her job. If you participate in DFWP level 2 and level 3, BWC asks you to give an employee who tests positive a second chance. Use a second-chance agreement referral for an assessment. Bring the employee back to work after assessment and help following a negative test.
Termination for a fi rst positive test cannot typically be a company policy at level 2 or level 3. Exceptions to non-termination on a fi rst positive test include the considerations of the nature of your business or having a multi-state corporate policy that dictates termination. BWC reviews these situations on a case-by-case basis.
Employee assistance check list
Our written policy describes the type of employee assistance services we offer. These range from a list of local community resources to turn to for help with a substance problem to referral to an employee assistance professional to health-care coverage, including chemical dependency counseling, based on program level. If you do choose to retain rather than terminate employment after a fi rst positive test, you must have the following procedures in place:
A plan on how to refer an employee to professional substance services for an
assessment and/or treatment, when appropriate; How you will handle re-entry and reintegration of employees coming back to duty after an
assessment and/or treatment;
A plan for protecting the confi dentiality
associated with employees who voluntarily seek help or are referred for assessment and/or treatment, including protection of testing within employee records;
Guidelines regarding compensation or employment status for an employee’s time away from work for assessment and/or treatment, as applicable;
Documenting how re-testing will occur, and how second- or last-chance agreements will work in conjunction with referral for assessment, return-to-duty testing, and unannounced follow-up testing.
Employee assistance
Requirements
• Depending upon level of participation and specifi c program, you must implement some or all steps of the 10-Step Business Plan.
• If required to implement steps of the 10-Step Business Plan, submit a copy of the company’s written safety policy (required as part of Step 1), signed by the chief executive offi cer, with your Self-Assessment Progress Report each year. BWC’s 10-Step Business Plan is a proven safety program that can provide structure and cohesiveness to your overall safety efforts. If you participate in DFWP and DF-EZ at level 2 or level 3, BWC requires you to put a number or all of the 10 steps listed below in place.
1. Visible, active senior management leadership 2. Employee involvement and recognition
3. Medical treatment and return-to work practices 4. Communications
5. Timely notifi cation of claims
6. Safety and health process coordination and employer education
7. A written orientation and employee training plan 8. Written and communicated safe work practices 9. Written safety and health statement
10. Recordkeeping and data analysis
10-Step Business Plan for level 2 and level 3 participants
Requirements
• Depending upon level of participation and specifi c program, you must implement some
or all steps of the 10-Step Business Plan. • If required to implement steps of the
10-Step Business Plan, submit a copy of the company’s written safety policy (required as part of Step 1), signed by the chief executive offi cer, with your Self-Assessment Progress
Report each year.
DFWP level 0 or 1 2 3 DF-EZ level 0 or 1 2 or 3 10-Step requirement No steps required Five steps: 1,2, 6 and two others All 10 steps
10-Step requirement
No steps required Three steps: 1, 2, and 8
This chart shows the steps each DFWP and DF-EZ employer is required to implement.
More detailed information is available in the following publications:
• DFWP and DF-EZ procedural guides; • BWC’s 10-Step Business Plan: A Guide for Developing Organizational Excellence in Safety and Health Management.
You can access these publications by logging on to BWC’s Web site, ohiobwc.com.
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BWC requires you to implement three pre-selectedsteps of the 10-Step Business Plan during every year at level 2. The bureau also requires you to implement two additional steps for DFWP. You may select the two additional steps in consultation with BWC staff or on your own.
Helpful hints
• Shop around. You are their customer.
• Shop around. There is more than one provider of a specifi c service.
• Shop around. Make sure the provider helps meet BWC’s requirements.
DFWP provider directory
The ODADAS Web address, www.odadas.state.oh.us/ dfwp/dfwp.asp, contains a directory of companies/ individuals who assist employers develop and implement a drug-free program.
ODADAS and BWC make no representations regarding the quality of service provided and expressly advise those who use these services to choose with care. Where credentials are required, ODADAS ensures each provider demonstrates that someone on his or her staff holds an appropriate credential.
You are free to choose any qualifi ed provider whether or not the directory lists the provider. Regardless, you must rely upon your own judgment and take full responsibility for provider selection.
Evaluating drug-free service providers
In establishing a drug-free workplace, you may work with organizational consultants, attorneys, and drug/alcohol collection/laboratory services. You may also work with education/training professionals and employee assistance professionals.
It’s important to accurately assess the expertise of these companies. One option is to seek help from a competent professional broadly knowledgeable in terms of drug-free programs. Choosing a company that offers a range of drug-free services can result in lower costs from packaged services based on volumes of business. Shop around.
Items to consider when choosing a provider
Program development and consultation
The provider has experience in offering program development as a core business.
The provider has up-to-date knowledge of drug-free legislation and case law.
The provider has experience in tailoring a written policy.
The provider has experience in developing operational procedures.
The provider has access to consortium services for lower cost.
The provider will supply references.
Attorney services for legal review of written policy We selected an attorney experienced in employment/labor law.
Our attorney is experienced in drug-free workplace policy and program development. Our attorney is up-to-date on drug-free workplace legislation and case law.
Employee education provider services
Our company has obtained names from the provider directory or from other employers. The provider has provided names of satisfi ed clients.
Our company has checked references and compared prices for education services. Our company has contracted with a qualifi ed, knowledgeable provider.
The provider fully understands what the content of these sessions should include.
Our company has considered the train-the-trainer option.
Supervisor training (in addition to the check list questions above for education)
The provider has expertise as a skills trainer involving substance issues.
The provider is skilled and experienced in working with supervisors in small groups.
The process of selecting drug-free service providers
The provider is skilled in terms of doing role-play. The provider is willing to learn our drug-free policy and program procedures as they relate to supervisors’ roles.
Drug and alcohol testing
We negotiated prices through a consortium or through shopping around.
Our collection site is an established medical/ collection facility that does collection as a business. Our collection sites follow the federal testing process.
We have discussed indemnifi cation for false positive test results.
Our company has set up a system to handle testing information received from labs/collection/ MRO with separate and secure lockup.
The facility offers random selection service. [Note: for employers doing random testing.] We have established post-accident arrangements. Type of testing conducted by provider and costs
Five-panel screen or additional drugs Bundled versus split fees
GC/MS confi rmation, EBT confi rmation Bundled versus split fees
Cut-off levels for additional drug(s) that are specifi cally requested
Alcohol screen: saliva, breath and blood Check list for employee assistance
We reviewed employee assistance options and determined services to offer.
We reviewed obtaining employee assistance through a consortium.
The process of selecting drug-free service providers
Directory for providers of services
www.odadas.state.oh.us/dfwp/dfwp.asp
Helpful hints
• Shop around. You are their customer.
• Shop around. There is more than one provider of a specifi c service.
• Shop around. Make sure the provider helps meet BWC’s requirements.
BWC requires you to:
• Keep various documentation;
• Timely submit the annual Self-Assessment Progress Report by the nine-month mark of each program year; • Cooperate when requested to do a drug-free program audit.
You report the progress you’ve made in implementing and operating your program to BWC on a
Self-Assessment Progress Report. The back of this workbook includes the form.
Your designated representative must complete and sign the Self-Assessment Progress Report by Sept. 30 if you participate in the January program year. The report is due BWC by March 31 if you participate in the July program year.
BWC can remove you from the DFWP or DF-EZ if you fail to submit the annual Self-Assessment Progress Report or fail to cooperate with an audit request. This includes state construction contractors/subcontractors operating a comparable program.
Along with the Self-Assessment Progress Report, BWC requires documentation you have implemented various program components: a written substance policy in place, offering employee education and supervisor training, and ensuring compliant drug and alcohol testing, etc.
Changing program levels
To start in DFWP or DF-EZ, you choose a level of participation (level 1 or level 2 or, if you are a state construction contractor, level 0/Comparable is an option). Level 3 is not available as an
option until you prepare for your third year.
Each time you submit your Self-Assessment Progress Report, you request your level of participation for the next program year. You do this until nearing the completion of your fi fth year.
BWC does not lock you into any program level, and you can move back to level 1 or level 2. If you enter the program at any level of discount, you can change levels at progress reporting time for the following policy year. You will be in the discount program for a maximum of fi ve years.
The DFWP and DF-EZ run fi ve consecutive years. Once you drop from the discount program, you cannot re-enter the program without repayment of a previously earned discount.
Level 0/comparable program
Ohio requires state construction contractors bidding on or working as contractors/subcontractors on such projects to have a drug-free program. State construction contractors commonly use this level. BWC maintains a list of all state construction
contractors enrolled in drug-free programs. Contractors that bid on state construction projects must be on this database before state contracting agencies accept their bids.
Reporting and documentation requirements
Requirements
• Keep various documentation.
• Timely submit the annual Self-Assessment Progress Report by the nine-month mark of each program year.
• Cooperate when requested to do a drug-free program audit.
Sample policy that refl ects drug-free program requirements
Disclaimer
The following sample drug-free workplace policy comes with an important caution to you. BWC designed this policy using its drug-free program requirements for an employer implementing the bureau’s program.
This sample policy is for level 1 or level 0 (for construction employers, no discount) participants. BWC notes specifi cally under employee assistance and random drug testing where you need to address additional requirements that apply for level 2 and level 3 employers.
The sample policy gives you ideas on how to develop and structure a policy that meets the requirements of the program level. You must tailor this sample policy to make it fi t for your particular work environment.
So, you can use the sample policy for each program level as a structural guide for a DFWP policy. Where possible, you can design an effective drug-free program by involving staff in developing the policy and procedures for the program. You will not achieve your desired results if you attempt to implement a policy without a process that integrates program requirements into your specifi c working environment. In addition, a policy alone is typically insuffi cient without operational procedures that provide structured guidance on how to handle various situations.
BWC strongly advises drug-free employers to obtain legal review of their written policies before implementation. The sample written policy that follows has not undergone such a review. Your legal review should come from an employment law attorney with experience in drug-free case law. BWC expressly cautions employers against requesting to be reimbursed for what is essentially a replication of this sample policy if purchased from a vendor under the guise of “policy development.”
I. Statement of policy
Our company believes it’s important to provide a safe workplace for all employees. This includes dealing with drug and alcohol use that negatively affects every workplace. Our company is concerned with the health and well being of all employees. Behaviors related to substance use can endanger all employees, not just the substance users. Our company cannot condone and will not tolerate:
• Possession of illegal drugs on company property and in an employee’s system on the job; • Possession of alcohol on company property and/or in an employee’s system on the job; • Sale, purchase, transfer, traffi cking, use or possession of any illegal drugs on the job;
• Arrival or return to work with illegal drugs or alcohol in an employee’s system to the extent that job performance or safety is affected.
We exempt physician prescribed medications to an employee who takes the medicine as prescribed and does not compromise workplace safety.
Management is committed to this drug-free policy (Policy). It establishes clear guidelines for acceptable and unacceptable employee behavior in the workplace. We will not tolerate substance use in violation of this Policy. We intend to hold everyone reasonably responsible for supporting the Policy.
This Policy describes our company’s drug-free workplace program. We expect every employee to read and understand it. The Policy applies to every employee. This includes top management and contractors. Anyone who violates this Policy will be subject to the consequences stated in this document.
We intend to hold all employees accountable in terms of substance use. However, we will support employees who voluntarily identify their substance problems prior to testing.
Regardless, we will subject employees, who have substance problems but do not come forward and then test positive for drug or alcohol use, to the employment consequences stated in the policy.
This Policy and program will go into effect within ___ days of the announcement of our drug-free program and the sharing of this Policy. The program’s fi ve key parts are:
• The written policy, which clearly spells out the program rules and how everyone benefi ts; • Annual substance awareness education for employees;
• Annual training for supervisors regarding their responsibilities;
• Drug and alcohol testing, the most effective way to change harmful behaviors related to substance use; • Employee assistance.
Employees will have the opportunity to learn about how substance use affects the workplace, and the signs and symptoms of substance abuse. Employees also can learn about the dangers of substance use, and how and where to get help for themselves and their families.
(________________) will be our drug-free coordinator. So, everyone knows who to go to for information or help. (________________) will arrange drug and alcohol testing, as needed. (________________) also can share where employees can go to for help for themselves and their families if they have a substance problem. He or she will also arrange to get knowledgeable presenters to educate everyone about substance use.
Protections for employees
Our program protects employees from dangerous and unproductive behaviors attributable to substance use. It also has built-in protections of employee rights.
• We keep employee records, such as testing results and referrals for help, confi dential. We share information on a need-to-know basis only. Violation of confi dentiality rights is subject to disciplinary action up to and including termination of employment.
• We’re committed to employees who have a substance problem getting help. We will review each situation. Employee assistance is available for employees and their families through a list of resources available through our drug-free coordinator. We want you to come forward if you have a problem. Remember, if you test positive, you risk losing your job, and we don’t want that to happen. • We will train supervisors in their duties related to testing before this program begins. They will also receive
annual training to identify behaviors that may indicate a substance problem exists. Supervisors will learn how to refer employees for assistance and/or testing.
Sample policy
Drug-Free Workplace Policy for Level 1 and Level 0 Employers
Level 2 and level 3 employers have additional requirements that are addressed particularly under testing.
• Everyone will attend annual education sessions. Sessions will include sharing assistance resources. • A local clinic will collect urine specimens and conduct breath testing. A laboratory certifi ed by the federal
government will analyze urine specimens for drugs. These labs ensure various substances present in an employee are of suffi cient quantity to be a danger in the workplace. This system ensures the accuracy and fairness of every test. We also have a medical review offi cer (MRO), a physician trained in substance abuse, involved. When the MRO receives positive test results, he or she contacts the employee and any appropriate health-care provider or pharmacy. The MRO than can determine whether there is a valid reason for the presence of the drug in the person’s system.
• Our testing program starts with an initial screening test. If the initial results are positive, the laboratory then uses a second test or confi rmatory test. We established cut-off levels for each drug and for alcohol to determine what we will consider a positive test. These levels show the employee didn’t just have a little of the substance in his or her system but enough to affect workplace safety and the ability to do the job. These cut-off levels come from federal guidelines and are fair for all employees.
Employee education
Every employee will attend a session in which we discuss this Policy. You will have a chance to ask questions. We’ll distribute written copies of the Policy. We expect everyone to sign it; thus, confi rming they received a copy. Later, we’ll have a qualifi ed person explain why substance use is a workplace problem. He or she will also explain the effects of various substances, signs/symptoms of substance use, and effects of commonly used drugs in the workplace and how to get help. Education aimed at getting everyone to understand the dangers of substance use will occur each year.
Supervisor training
We will train supervisors to recognize substance problems that may endanger the employee and others. They will also learn how to recognize Policy violations. Once trained, they will recognize behaviors that may demonstrate an alcohol/ drug problem, how to make referrals for help and for testing.
Drug and alcohol testing
We will test for drugs and for alcohol to detect problems and get employees not to use substances in a way that violates our Policy. Testing will also allow us to take appropriate action to correct the situation. Testing will look for alcohol and the following drugs:
• Amphetamines (speed, uppers); • Cocaine;
• Marijuana;
• Opiates (codeine, heroin, morphine); • Phencyclidine (PCP, “angel dust”);
• [insert additional drugs that you choose to have tested].
Employee assistance
Our company believes in offering assistance to employees with a substance problem. We will offer the following help [choose the form of assistance that matches your program.] Example: We will make available to employees a list of local community resources to turn to for help. This list includes places to go for an assessment and for treatment. [Note to employers: At minimum, for DFWP level 1 and for all levels of DF-EZ, you need to have a list of local community helping resources to share that employees can turn to for help. Level 2 DFWP requires pre-establishing a relationship with a local employee assistance provider. Employees could go to this provider for an assessment of the nature/depth of their substance problem. Level 3 DFWP requires the addition of health-care coverage, including chemical dependency counseling.]
II. When may testing occur?
We will test employees for the presence of drugs in the urine and/or alcohol (through saliva, breath and/or blood) under any of the conditions outlined below. [Note to employers: Random drug testing is required for level 2 and level 3 for both DFWP and DF-EZ, so if this applies you need to include random drug testing as shown below.]
A. Post-offer, pre-employment [and/or new hire] drug testing
All applicants must undergo a drug test. A contractor whom we designate prior to employment will collect a urine specimen and a federally-certifi ed laboratory will conduct the test. Any offer of employment depends upon satisfactory completion of this examination and/or screening. We and our examining physician will then determine if the applicant can perform the responsibilities of the position. [Note to employers: If your company chooses to use a new hire drug test instead of or in addition to a pre-employment test, it should specify the time period for the test. Typically, the time period is 90 days or the length of your probationary period).]
Sample policy
Drug-Free Workplace Policy for Level 1 and Level 0 Employers (Cont.)
B. Reasonable suspicion testing
We will conduct reasonable suspicion testing when a supervisor suspects an employee may be in violation of this Policy. Management will document the suspicion in writing prior to the release of the test fi ndings. A reasonable suspicion test may occur based on:
• Observed behavior, such as direct observation of drug/alcohol use or possession and/or physical symptoms of drug and/or alcohol use;
• A pattern of abnormal conduct or erratic behavior;
• Arrest or conviction for a drug-related offense or identifi cation of an employee as the focus of a criminal investigation into illegal drug possession, use or traffi cking. The employee must notify the company within fi ve working days of any drug-related conviction;
• Information provided either by reliable and credible sources or independently corroborated regarding an employee’s substance use;
• Newly discovered evidence the employee tampered with a previous drug or alcohol test;
• Reasonable suspicion testing does not require certainty. Mere hunches, however, do not justify testing. To prevent this, we will train all managers/supervisors to recognize drug and alcohol-related signs and symptoms. Testing may be for drugs or alcohol, or both.
C. Post-accident testing
We will conduct post-accident testing whenever an accident occurs. We consider an accident an unplanned, unexpected or unintended event that occurs on our property during the conduct of our business or during working hours, or which involves one of our motor vehicles or a motor vehicle used in conducting company business, or is within the scope of employment and which results in any of the following:
• A fatality of anyone involved in the accident;
• Bodily injury to the employee and/or another person that requires off-site medical attention away from the company’s place of employment;
• Vehicular damage in apparent excess of [company fi lls in the amount]; • Non-vehicular damage in apparent excess of [company fi lls in the amount].
When such an accident results in one of the situations above, we will test any employee who may have caused or contributed to the accident for drugs or alcohol use, or both.
Drug and/or alcohol testing after an accident
Once we determine a need to test, urine specimen collection (for drugs) or breath/saliva or blood (for alcohol) must occur as soon as possible after we determine a need to test. We will consider any employee who seeks to delay providing a specimen as refusing to be tested.
Employees responsible for a work-related accident in which he or she was injured must grant us the right to request attending medical personnel obtain appropriate specimens. These include breath, saliva and/or blood to conduct alcohol testing and urine to conduct drug testing.
Employees grant us access to any and all other medical information that may be relevant in conducting a complete and thorough investigation of the work-related accident. This includes a full medical report from the examining physician(s) or other health-care providers. As a condition of employment, we require a signed consent-to-test form. We reserve the right to determine who may have caused or contributed to a work-related accident. We may also choose not to test after minor accidents if there is no violation of a safety or work rule, minor damage and/or injuries and no reasonable suspicion.
D. Follow-up testing after return to duty from assessment or treatment
We conduct this test of employees who previously tested positive but whose employment we did not terminate. We require a negative return-to-duty test before we allow the employee to return to work. If the employee fails this test, this will result in [employer should insert the consequence]. Once an employee tests negative and returns to duty, management will ensure additional tests occur. Any employee with a second positive test result will be [state the consequences]. Follow-up tests will be unannounced. They may occur at any time for a time period management considers reasonable. The intent is to deter any subsequent use that would violate the company’s Policy and result in termination of employment.
E. Random drug testing [Note: this is required of level 2 and level 3 employers]
We conduct random drug testing of all employees on an unannounced basis. Computer software, used by an outside vendor, ensures that random, neutral selection occurs. We include all employees in each random draw. Each
